2 U.S.C. § 1384 — Substantive regulations

Page 332 TITLE 2—THE CONGRESS § 1384 on which both Houses are in session following such transmittal. Before adopting rules, the Ex- ecutive Director shall provide a comment period of at least 30 days after publication of a general notice of proposed rulemaking. Upon adopting rules, the Executive Director shall transmit no- tice of such action together with a copy of such rules to the Speaker of the House of Representa- tives and the President pro tempore of the Sen- ate for publication in the Congressional Record on the first day on which both Houses are in ses- sion following such transmittal. Rules shall be considered issued by the Executive Director as of the date on which they are published in the Congressional Record. (Pub. L. 104–1, title III, § 303, Jan. 23, 1995, 109 Stat. 28.) § 1384. Substantive regulations (a) Regulations (1) In general The procedures applicable to the regulations of the Board issued for the implementation of this chapter, which shall include regulations the Board is required to issue under sub- chapter II (including regulations on the appro- priate application of exemptions under the laws made applicable in subchapter II) are as prescribed in this section. (2) Rulemaking procedure Such regulations of the Board— (A) shall be adopted, approved, and issued in accordance with subsection (b); and (B) shall consist of 3 separate bodies of regulations, which shall apply, respectively, to— (i) the Senate and employees of the Sen- ate; (ii) the House of Representatives and em- ployees of the House of Representatives; and (iii) all other covered employees and em- ploying offices. (b) Adoption by Board The Board shall adopt the regulations referred to in subsection (a)(1) in accordance with the principles and procedures set forth in section 553 of title 5 and as provided in the following provi- sions of this subsection: (1) Proposal The Board shall publish a general notice of proposed rulemaking under section 553(b) of title 5, but, instead of publication of a general notice of proposed rulemaking in the Federal Register, the Board shall transmit such notice to the Speaker of the House of Representa- tives and the President pro tempore of the Senate for publication in the Congressional Record on the first day on which both Houses are in session following such transmittal. Such notice shall set forth the recommenda- tions of the Deputy Director for the Senate in regard to regulations under subsection (a)(2)(B)(i), the recommendations of the Dep- uty Director for the House of Representatives in regard to regulations under subsection (a)(2)(B)(ii), and the recommendations of the Executive Director for regulations under sub- section (a)(2)(B)(iii). (2) Comment Before adopting regulations, the Board shall provide a comment period of at least 30 days after publication of a general notice of pro- posed rulemaking. (3) Adoption After considering comments, the Board shall adopt regulations and shall transmit notice of such action together with a copy of such regu- lations to the Speaker of the House of Rep- resentatives and the President pro tempore of the Senate for publication in the Congres- sional Record on the first day on which both Houses are in session following such trans- mittal. (4) Recommendation as to method of approval The Board shall include a recommendation in the general notice of proposed rulemaking and in the regulations as to whether the regu- lations should be approved by resolution of the Senate, by resolution of the House of Rep- resentatives, by concurrent resolution, or by joint resolution. (c) Approval of regulations (1) In general Regulations referred to in paragraph (2)(B)(i) of subsection (a) may be approved by the Sen- ate by resolution or by the Congress by con- current resolution or by joint resolution. Reg- ulations referred to in paragraph (2)(B)(ii) of subsection (a) may be approved by the House of Representatives by resolution or by the Congress by concurrent resolution or by joint resolution. Regulations referred to in para- graph (2)(B)(iii) may be approved by Congress by concurrent resolution or by joint resolu- tion. (2) Referral Upon receipt of a notice of adoption of regu- lations under subsection (b)(3), the presiding officers of the House of Representatives and the Senate shall refer such notice, together with a copy of such regulations, to the appro- priate committee or committees of the House of Representatives and of the Senate. The pur- pose of the referral shall be to consider wheth- er such regulations should be approved, and, if so, whether such approval should be by resolu- tion of the House of Representatives or of the Senate, by concurrent resolution or by joint resolution. (3) Joint referral and discharge in the Senate The presiding officer of the Senate may refer the notice of issuance of regulations, or any resolution of approval of regulations, to one committee or jointly to more than one com- mittee. If a committee of the Senate acts to report a jointly referred measure, any other committee of the Senate must act within 30 calendar days of continuous session, or be automatically discharged. (4) One-House resolution or concurrent resolu- tion In the case of a resolution of the House of Representatives or the Senate or a concurrent resolution referred to in paragraph (1), the Page 333 TITLE 2—THE CONGRESS § 1385 matter after the resolving clause shall be the following: ‘‘The following regulations issued by the Office of Congressional Workplace Rights on llllllll are hereby ap- proved:’’ (the blank space being appropriately filled in, and the text of the regulations being set forth). (5) Joint resolution In the case of a joint resolution referred to in paragraph (1), the matter after the resolv- ing clause shall be the following: ‘‘The fol- lowing regulations issued by the Office of Con- gressional Workplace Rights on llllllll are hereby approved and shall have the force and effect of law:’’ (the blank space being appropriately filled in, and the text of the regulations being set forth). (d) Issuance and effective date (1) Publication After approval of regulations under sub- section (c), the Board shall submit the regula- tions to the Speaker of the House of Rep- resentatives and the President pro tempore of the Senate for publication in the Congres- sional Record on the first day on which both Houses are in session following such trans- mittal. (2) Date of issuance The date of issuance of regulations shall be the date on which they are published in the Congressional Record under paragraph (1). (3) Effective date Regulations shall become effective not less than 60 days after the regulations are issued, except that the Board may provide for an ear- lier effective date for good cause found (within the meaning of section 553(d)(3) of title 5) and published with the regulation. (e) Amendment of regulations Regulations may be amended in the same manner as is described in this section for the adoption, approval, and issuance of regulations, except that the Board may, in its discretion, dis- pense with publication of a general notice of proposed rulemaking of minor, technical, or ur- gent amendments that satisfy the criteria for dispensing with publication of such notice pur- suant to section 553(b)(B) of title 5. (f) Right to petition for rulemaking Any interested party may petition to the Board for the issuance, amendment, or repeal of a regulation. (g) Consultation The Executive Director, the Deputy Directors, and the Board— (1) shall consult, with regard to the develop- ment of regulations, with— (A) the Chair of the Administrative Con- ference of the United States; (B) the Secretary of Labor; (C) the Federal Labor Relations Authority; and (D) the Director of the Office of Personnel Management; and (2) may consult with any other persons with whom consultation, in the opinion of the Board, the Executive Director, or Deputy Di- rectors, may be helpful. (Pub. L. 104–1, title III, § 304, Jan. 23, 1995, 109 Stat. 29; Pub. L. 115–397, title III, § 308(b)(12), (13), Dec. 21, 2018, 132 Stat. 5326.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a)(1) after ‘‘im- plementation of’’, was in the original ‘‘this Act’’, mean- ing Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 3, which is clas- sified principally to this chapter. For complete classi- fication of this Act to the Code, see Short Title note set out under section 1301 of this title and Tables. Subchapter II, referred to in subsec. (a)(1), was in the original ‘‘title II’’, meaning title II of Pub. L. 104–1, Jan. 23, 1995, 109 Stat. 7, which is classified principally to subchapter II of this chapter. For complete classi- fication of title II to the Code, see Tables. AMENDMENTS 2018—Subsec. (c)(4), (5). Pub. L. 115–397 substituted ‘‘Office of Congressional Workplace Rights’’ for ‘‘Office of Compliance’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2018 AMENDMENT Amendment by Pub. L. 115–397 effective Dec. 21, 2018, and any reference to the Office of Compliance in any law, rule, regulation, or other official paper in effect as of such date to be considered to refer and apply to the Office of Congressional Workplace Rights, see section 308(d) of Pub. L. 115–397, set out as a note under section 1381 of this title. § 1385. Expenses (a) Authorization of appropriations Beginning in fiscal year 1995, and for each fis- cal year thereafter, there are authorized to be appropriated for the expenses of the Office such sums as may be necessary to carry out the func- tions of the Office. Until sums are first appro- priated pursuant to the preceding sentence, but for a period not exceeding 12 months following January 23, 1995— (1) one-half of the expenses of the Office shall be paid from funds appropriated for al- lowances and expenses of the House of Rep- resentatives, and (2) one-half of the expenses of the Office shall be paid from funds appropriated for al- lowances and expenses of the Senate, upon vouchers approved by the Executive Direc- tor, except that a voucher shall not be required for the disbursement of salaries of employees who are paid at an annual rate. The Clerk of the House of Representatives and the Secretary of the Senate are authorized to make arrange- ments for the division of expenses under this subsection, including arrangements for one House of Congress to reimburse the other House of Congress. (b) Financial and administrative services The Executive Director may place orders and enter into agreements for goods and services with the head of any agency, or major organiza- tional unit within an agency, in the legislative or executive branch of the United States in the same manner and to the same extent as agencies